The U.S. Justice Department has filed suit against a doctors group practice accused of adding unnecessary billing linked to blood and liver tests. “The cornerstone of Medicare is that the government believes it can trust the doctor to not steal.”

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FAQs About Whistleblower Retaliation

Becoming a whistleblower can entail stepping outside your comfort zone, meaning that sometimes whistleblowers experience negative reactions from those they blew the whistle on. While harassing actions are forbidden under a number of whistleblowing statutes, the reality is that sometimes whistleblowers experience what is known as retaliation.

However, much of the time it is clear that an action is retaliatory. If you have become a whistleblower, and then have subsequently experienced any of the following situations, you are entitled to legal relief, because the following actions are prohibited:

You have been denied benefits, overtime, or a promotion

You have been disciplined for no reason

You have been left out of meetings or off project teams

You have been reassigned to a lesser job position

You have been suspended, laid off, or fired

You have been demoted or threatened with demotion

You have been threatened with blacklisting (which renders you unable to secure future employment in your field)

You have had your pay or hours reduced

You have experienced threats or intimidation

You have experienced harm to yourself or your property

You have seen a new policy put into effect at your workplace which clashes with protections for whistleblowers.

The success of the whistleblower statutes depends upon the ability to freely report fraud without fear of retaliation. Therefore, those who created the statutes included protections.

Which laws protect whistleblowers from retaliation?

Applicable federal laws that cover protections for whistleblowers who bring qui tam suits are as follows:

The Sarbanes-Oxley Act of 2002 also contains retaliation protections. Employee complaints about lawbreaking that concern wrongdoing involving securities fraud, shareholder fraud, or wire, mail, or bank fraud, are all protected against retaliation. Even if there is no conviction at the end of the case, if the employee reported their findings in good faith, they are protected from retaliation. A whistleblower is not required to report fraud externally (to the SEC, for example) to gain these protections; even those who complain internally to a company superior are protected from retaliation under the law.

The Dodd-Frank Act of 2010 bars employers from retaliatory actions against whistleblowers who report violations of laws that regulate financial firms, consumer finance, ratings agencies, accounting and corporate fraud, currency exchanges, and commodity exchanges. A number of Dodd-Frank provisions amplify the protections specified under Sarbanes-Oxley.

What types of behavior are protected under these laws?

Generally, behaviors known as protected disclosures safeguard you from retaliation. A protected disclosure is a formal statement you make as a whistleblower that reveals any of the following: fraud, corruption, false claims against government funds, or public safety hazards. In this instance, a whistleblower is legally protected from certain retaliations or reprisals, as we have previously listed.

Some examples of protected actions could include internal reporting of wrongdoing to a superior, the steps taken by a whistleblower to pursue a qui tam case, and the steps taken to stop a False Claims Act violation.

However, not all of your actions are protected. For example, if your boss makes you angry and you hit him, even if you were discussing fraud, your assault on your boss is not protected under the law. But if you as a whistleblower experience an attack or other damage such as a demotion, you are protected under the law.

What must be proved to move forward with a whistleblower retaliation claim?

If you are a whistleblower and you believe you have been retaliated against, you must prove the following:

That you engaged in a protected activity or gave a protected disclosure

That your employer carried out a negative employment action against you

That the negative action happened because of your protected activity as a whistleblower.

What is the statute of limitations for bringing a False Claims Act retaliation case?

Generally, the statute of limitations is three years from the date on which the retaliatory action occurred. However, it is always best to bring a case as soon as possible.

What types of damages for whistleblower retaliation can be recovered under the False Claims Act?

If you bring a successful whistleblower retaliation case under the FCA, you are entitled to the following legal relief:

Reinstatement to your former position

Twice your back pay

Compensation for special damages, which often include costs of litigation and reasonable attorneys’ fees.

If I report fraud internally to a government contractor or grantee, does the False Claims Act protect me?

Yes. Internal reporting is considered sufficient notice that a whistleblower is engaging in protected actions.

Are efforts to stop a government contractor from committing fraud protected under the FCA?

The False Claims Act has protections for whistleblowers who attempt to prevent violations of the FCA as long as they can demonstrate they reasonably believe that their employer is either violating, or is about to violate, the FCA.

Do you have more questions? Are you thinking of blowing the whistle? We at the Louthian Law Firm would like to assist you.

We use a wide array of tools and strategies when working with whistleblowers.

Your chances of succeeding are greater if your whistleblower claim is substantive, clear, and to the point. Because of this, meeting with a qualified whistleblower attorney can increase your chances of winning. The Louthian Law Firm can help you form your claim so that the government will be more inclined to intervene in your case; government intervention can sometimes increase the chances of recovering reward money. Even if the government decides not to intervene, it could still be a good idea to pursue your case without government involvement. Our strong support system can assist you through every step of the process.

For a free, confidential evaluation of your case, call the Louthian Law Firm today at 1-803-454-1200 or, if you prefer, you can fill out our online contact form.